Rules Of Evidence

Question 0

Define opinion evidence

Answer 0

Opinion evidence is an inference from observed facts. It is generally inadmissible. This is because an opinion is not facts.

Question 1

Define hearsay evidence

Answer 1

Hearsay evidence is the oral or written statement of a person who is not produced as a witness in court.

The statement is given to the court by another person, or in a document, as evidence of the truth of what has been stated.

Question 2

Outline an explain the reliability of hearsay evidence

Answer 2

Hearsay evidence is admissible if the circumstances in s18 exist AND the circumstances relating to the statement provide reasonable assurance that the statement is reliable.

This includes
Contents of the st
How the st was taken
Accuracy of the st
Nature of the st
Truthfulness of the maker of the st

Question 3

Outline and explain the exceptions to giving hearsay evidence

Answer 3

Dead
Unfit due to age/physical/mental
Not compellable I.e judge, juror, defendant
Cannot with reasonable diligence be id or found
Outside Nz and it is not practical to be a witness

Question 4

Outline and explain the exceptions to giving opinion evidence

Answer 4

Expert or non-expert opinion. A witness can give expert opinion if they are an expert or skilled by special study or experience.

Otherwise non expert
Id'ing someone
Handwriting
Mental or physical conditions (about oneself only)
Age -other people